A person acquitted of an offense, on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again upon a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding such former acquittal.
W. Va. Code § 61-11-14
Acquittal for variance or insufficient indictment
Applied in 1 court decision — leading case 204 W. Va. 520 - State Ex Rel. State v. Reed (1999)
Most recently applied in 204 W. Va. 520 - State Ex Rel. State v. Reed (January 1999)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.